The article analyses a recent Supreme Court ruling which held that legal representatives of a deceased party can challenge an arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996. The Court clarified that the Arbitration Act is a self-contained code, and therefore remedies under Article 227 of the Constitution or Section 115 of the CPC cannot be invoked when a statutory remedy exists. The judgment reinforces continuity in arbitration proceedings after a party’s death and ensures that legal heirs bound by an arbitral award also have the right to contest it within the framework of arbitration law.
Please click here to read the full article by Dheeraj Nair, Partner; and Apurva Pandey, Junior Associate, published in Mondaq.
Dheeraj is a Partner with JSA since 2009. Dheeraj has over two decades of experience advising and representing clients on complex arbitrations, litigations and regulatory proceedings.